WEST VIRGINIA
The dive flag law in West Virginia is interesting for two reasons:
(1) The dive flag must be anchored, it cannot be towed.
(2) Boaters have no legal obligation to remain a certain distance from a dive flag, but scuba divers are required surface within 100 feet of their dive flag.
I searched the West Virginia code and found no legal requirement for boaters to keep their distance from a dive flag.
The West Virginia Code (as of March 7, 2009) is quoted verbatim below:
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 4A. SKIN AND SCUBA DIVING.
Ž§20-4A-1. Waters where diving is permitted; exceptions.
(a) Skin and scuba (self-contained underwater breathing apparatus) diving is permitted in all waters in this state, including natural and artificial lakes, except in the following areas:
(1) Within one hundred feet of boat ramps, controlled swimming areas, marina areas and fishing piers marked for use by physically disabled persons;
(2) Designated hazards areas;
(3) Areas near dams and outlet structures in artificial lakes;
(4) Heavily traveled boat lanes;
(5) Narrow channels; and
(6) Areas where visibility is obscured.
b) The provisions of this section shall not apply to professional skin or scuba divers engaged in demolition, salvage, construction, rescue or repair work in the regular course of their business.
Ž§20-4A-2. "Diver down" flag required; flag specifications.
(1) No person may skin or scuba dive in any waters of the state that are used by motorboats unless the diving area is marked by one "diver down" flag displayed at all times while a diver is in the water.
(2) The "diver down" flag shall be a red field with a white diagonal stripe not less than one and one-half inches wide running upper left to lower right. The dimensions of the flag shall be not less than ten inches by ten inches and the top of the flag shall be at least three feet above the surface of the water.
(3) The "diver down" flag shall be anchored and affixed to a separate flotation device. No such flag may be attached to any navigational device or placed so as to obstruct boat traffic.
(4) A diver must surface within one hundred feet of the "diver down" flag marking his diving area.
Ž§20-4A-3. Penalties.
Any person violating any of the provisions of this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty nor more than three hundred dollars, or confined in jail not less than ten nor more than one hundred days, or both fined and imprisoned.
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The dive flag law in West Virginia is interesting for two reasons:
(1) The dive flag must be anchored, it cannot be towed.
(2) Boaters have no legal obligation to remain a certain distance from a dive flag, but scuba divers are required surface within 100 feet of their dive flag.
I searched the West Virginia code and found no legal requirement for boaters to keep their distance from a dive flag.
The West Virginia Code (as of March 7, 2009) is quoted verbatim below:
CHAPTER 20. NATURAL RESOURCES.
ARTICLE 4A. SKIN AND SCUBA DIVING.
Ž§20-4A-1. Waters where diving is permitted; exceptions.
(a) Skin and scuba (self-contained underwater breathing apparatus) diving is permitted in all waters in this state, including natural and artificial lakes, except in the following areas:
(1) Within one hundred feet of boat ramps, controlled swimming areas, marina areas and fishing piers marked for use by physically disabled persons;
(2) Designated hazards areas;
(3) Areas near dams and outlet structures in artificial lakes;
(4) Heavily traveled boat lanes;
(5) Narrow channels; and
(6) Areas where visibility is obscured.
b) The provisions of this section shall not apply to professional skin or scuba divers engaged in demolition, salvage, construction, rescue or repair work in the regular course of their business.
Ž§20-4A-2. "Diver down" flag required; flag specifications.
(1) No person may skin or scuba dive in any waters of the state that are used by motorboats unless the diving area is marked by one "diver down" flag displayed at all times while a diver is in the water.
(2) The "diver down" flag shall be a red field with a white diagonal stripe not less than one and one-half inches wide running upper left to lower right. The dimensions of the flag shall be not less than ten inches by ten inches and the top of the flag shall be at least three feet above the surface of the water.
(3) The "diver down" flag shall be anchored and affixed to a separate flotation device. No such flag may be attached to any navigational device or placed so as to obstruct boat traffic.
(4) A diver must surface within one hundred feet of the "diver down" flag marking his diving area.
Ž§20-4A-3. Penalties.
Any person violating any of the provisions of this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty nor more than three hundred dollars, or confined in jail not less than ten nor more than one hundred days, or both fined and imprisoned.
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